IN THE CASE OF:	  

	BOARD DATE:	  15 May 2008

	DOCKET NUMBER:  AR20080000716 

THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1. Application for correction of military records (with supporting documents provided, if any).

2. Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the Combat Infantryman Badge, and to show he was an Infantryman, assigned to the 99th Infantry Division.

2.  The applicant states that his discharge form shows the replacement unit he was assigned to at the time of his discharge, not the unit he served with, which was deactivated after the war.  He also adds, in effect, that he served as an infantryman and he is entitled to award of the Combat Infantryman Badge. 

3.  The applicant provided a copy of his WD AGO Form 53-55, dated 9 August 1946, in support of his application. 

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2.  The applicant’s military records are not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant’s records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States and entered active duty on 20 October 1944.  He was trained in military occupational specialty (MOS) 345 (Light Truck Driver).  This form also shows that he was assigned to Headquarters Company, 4th Infantry Division, at the time of his discharge.  

4.  The applicant's WD AGO Form 53-55 also shows he arrived in the European-African-Middle Eastern (EAME) Theater on 27 March 1945 and departed on 3 July 1945.  

5.  The applicant's WD AGO Form 53-55 shows he completed 1 year, 5 months, and 22 days of continental service and 3 months and 28 days of foreign service.  He was honorably separated on 9 August 1946.

6.  Item 31 (Military Qualifications and rate) of the applicant’s WD AGO Form   53-55 shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1).  Item 31 does not show award of the Combat Infantryman Badge. 

7.  Item 32 (Battles and Campaigns) of the applicant’s WD AGO Form 53-55 shows he participated in the Central Europe campaign during WWII.

8.  Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-55 shows he was awarded the Good Conduct Medal, the World War II Victory Medal, the Army of Occupation Medal, and the European-African-Middle Eastern Campaign Medal.  Item 33 does not show award of the Combat Infantryman Badge. 

9.  The applicant's records do not contain General Orders awarding him the Combat Infantryman Badge. 

10.  The applicant's final payment work sheet, WD Form 372A, shows he was paid combat infantryman pay from 1 August – 9 August 1946 in the amount of $3.00.

11.  War Department Circular Number 408, Expert and Combat Infantryman Badges, Award, and Additional Pay, dated 17 October 1944 cited Public Law 393, 78th Congress, approved 30 June 1944 which provided that during the war and for 6 months thereafter any enlisted man of the combat ground forces of the Army who was entitled to wear the Expert Infantryman Badge or the Combat Infantryman Badge would be paid additional compensation at the rate of $5 per month when he was entitled to wear the Expert Infantryman Badge and at the rate of $10 per month when he was entitled to wear the Combat Infantryman Badge. 

12.  Army Regulation 600-8-22 (Military Awards) provides for award of the Bronze Star Medal to members of the armed forces who, after 6 December 1941 and prior to 3 September 1945, have been cited in orders or in a formal certificate for meritorious or exemplary conduct in ground combat against the armed enemy.  A citation in orders for the Combat Infantryman Badge or Medical Badge awarded in the field during the period of actual combat against the armed enemy is considered as a citation for exemplary conduct in ground combat.  It also provides for the wear of one bronze service star on the appropriate campaign or service medal for each credited campaign.

13.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 replaced the WD AGO Form 53-55 after WWII.  The regulation currently in effect, directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  This regulation specified that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training.  It also states, in pertinent part, that the DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  Item 6 (Organization) shows the Soldiers last duty assignment and major command.  Item 30 (Military Occupational Specialty and Number) showed the Soldier’s MOS at the time of separation. 

14.  Review of the applicant's records indicates his entitlement to additional awards that are not shown on his WD AGO Form 53-55.

15.  Army Regulation 600-8-22 provides, in pertinent part, for award of the American Campaign Medal.  This campaign medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946.  Qualifying service for this campaign medal includes permanent assignment outside the continental United States but within the American Theater of 

Operations, duty as a crewmember aboard a vessel sailing ocean waters for 
30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of 1 year.

16.  Army Regulation 600-8-22, in pertinent part, authorizes award of the European-African-Middle Eastern Campaign Medal for qualifying service in the European-African-Middle Eastern Theater of Operations for the period 7 December 1941 to 8 November 1945.  This regulation also authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or listed in item 32 (Battles and Campaigns) of the WD AGO Form 53-55.  This regulation states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the European-African-Middle Eastern Campaign Medal.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was paid combat infantryman pay at the rate of $3.00 during the period 1 August 1946 to 9 August 1946, indicating that he was being paid combat infantry pay in the amount of $10 per month.  He would not have been authorized this pay, at that rate, unless he had been entitled to wear the Combat Infantryman Badge.  

2.  Because there is sufficient evidence of record to show the applicant was entitled to wear the Combat Infantryman Badge, he is also entitled to award of the Bronze Star Medal based upon the award of the Combat Infantryman Badge.

3.  The evidence of record shows that the applicant served a qualifying period for award of the American Campaign Medal.  Therefore, he is entitled to correction of his records to show this award. 

4. Item 32 of the applicant’s WD AGO Form 53-55 shows he participated in the Central Europe campaign during WWII.  Therefore, he is entitled to wear one bronze service star on the European-African-Middle Eastern Campaign Medal.

5.  There is no evidence in the available record and the applicant did not provide any substantiating evidence that shows he was assigned to the 99th Infantry Division during WWII.  The evidence of record shows that, at the time of his discharge, the applicant was assigned to Headquarters Company, 4th Infantry 

Division.  Therefore, this entry is correctly shown in Item 6 of his WD AGO Form 53-55 and no further correction is required.

6.  Although the applicant is entitled to award of the Combat Infantryman Badge, there is no evidence that the applicant held an infantry MOS.  The evidence of record shows that the applicant was awarded MOS 345, Light Truck Driver, and that this MOS is listed correctly in Item 30 of his WD AGO Form 53-55.  Therefore, no further correction is required.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__xxx___  __xxx___  __xxx___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of the Combat Infantryman Badge, the Bronze Star Medal, the American Campaign Medal, and one bronze service star to be affixed to his already-awarded European-African-Middle-Eastern Campaign Medal.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correction of the applicant’s unit of assignment and his military occupational specialty. 




							XXX
       _    _______   ___
       CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont)                                         AR20080000716



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080000716


5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1